Author Archives: Author

What is considered a weapon?

close-up of a hunting rifle

Understanding Laws Surrounding Weapons

Today, we’re going to answer questions about weapons charges, weapons charges bail, and the law that brings these all together in Virginia. Topics like open carry laws are as hot as legalized marijuana these days, and while lawmakers may think the law is black and white, there are still gray areas and questions for the public. 

What is considered open carry?

In Virginia, open carry means a person of 18 years of age and older can carry a handgun in a visible holster. There isn’t any law in Virginia requiring the purchase of handguns to be registered. 

However, for the residents of Virginia, an application to your resident county at the circuit courts. Non-residents are required to submit an application to the State Police. The state is a “shall issue” state, meaning that this application process will determine if the applicant will be allowed open carry. Any person that has not applied or has not been approved, can find themselves arrested on weapons charges, bail may or may not be allowed by the judge. 

The sale and the purchase of a handgun are required to be completed through a registered gun dealer where a background check will be performed. Only one handgun purchase per month is allowed by law unless you have a concealed carry permit.

In the State of Virginia, open carry is legal without a permit for 18-year-olds and up. Local laws within the state however may prohibit open carry in parks, public buildings, and at special events. Open carry in any of these areas that are prohibited by local law will be facing weapons charges, bail is set, and a court date will be set.

Can I carry a loaded gun?

As a gun owner, if you choose to conceal your loaded weapon, you must have a concealed carry permit. Without a concealed carry permit, any person found to have a loaded weapon will face weapons charges, bail must be posted, and a court hearing will be set. 

No permit is required if the firearm is unloaded, typical for persons on a hunting trip, going to target practice, traveling to a gun shop, or other reasons. It is unlawful to carry or transport a loaded rifle or shotgun in some jurisdictions though, like hunting on public roads. 

How many rounds can you carry?

There is a round limit for magazines in some states and anyone in possession of more than that limit can be arrested with weapons charges, bail is set, and they must await trial. In the state of Virginia, there are no magazine restrictions, however, any magazine that has the capacity to hold 20 or more rounds is considered an “assault weapon” which requires the person with this magazine to comply with the state’s “assault weapons” laws.

Which bullets are illegal in Virginia?

There are regulations in some states regarding .50-caliber ammunition, such as Connecticut and Washington, D.C. laws prohibit the sale or possession of .50-caliber ammunition. The State of California bans the sale or possession of any ammunition larger than .60 caliber

The state statute of Virginia does not forbid the possession of virtually any ammunition type, however, specific federal laws are in place restricting the ammunition an individual may have, making it illegal if a person is found to have any of the “restricted firearm ammunition” during the attempt or while committing a crime. The restricted ammunition types include:

  • Ammunition layered in Teflon or any similar compound like polytetrafluorethylene
  • Any cartridge containing bullets plastic coated, and not lead or lead alloy cores
  • Jacketed bullets without a lead or lead alloy core
  • Full metal bullets other than lead

A significant exception is shotgun shells and shot, or solid plastic or rubber bullets for non-lethal self-defense. Any person found using any of these limited ammunition types could face an enhanced factor during their sentencing after being presented on weapons charges, bail posted and released, or without bail being posted.

Can you keep a gun in your car?

Yes, in the state of Virginia, a person may open carry in their vehicle if the weapon we obtained legally. 

What self defense weapons are legal?

Under certain conditions, in Virginia, a firearm may be used for self-defense. However, there are certain conditions where non-lethal weapons, when reasonably used, are not deemed deadly force. Those weapons are:  

  • Batons
  • Pepper spray
  • Stun guns
  • Tasers

This doesn’t mean you won’t ever be arrested, find yourself with a need for weapons charges bail, and end up having a court date set, though.  An experienced defense attorney is recommended to guide you through this type of case to have the charges dropped.

Which weapons are illegal in Virginia?

Under the same state code section that with firearms, there are prohibited weapons listed which include: 

  • Machete
  • Nunchucks
  • Throwing Stars

An exception would be if these are needed for work reasons. Batons and blackjacks are explicitly listed in the state code along with certain knives having a long blade. 

Is a knife a weapon or a tool?

The state law in Virginia imposes some restrictions on non-automatic pocket knives with a folding metal blade shorter than 3”. This includes carry restrictions for bowie knives and dirks. 

Can scissors be considered a weapon? 

Scissors themselves are not listed as deadly weapons in Virginia. But, depending on if a person uses them and that results in another person dying, then they could be considered a deadly weapon. 

close-up of Japanese swords

In Conclusion

Overall, the State of Virginia has basic, simple laws when it comes to weapons. Any person arrested on weapons charges, bail posted, and a court date set should seek the advice of legal counsel to assure they are getting a fair trial.

What happens if you violate probation?

handcuffed individual signing papers

Understanding Probation Violation

ion in Halifax, VA, Danville, VA, and Chatham, VA isn’t much different than in other areas. Like other cities and states, folks here would rather rehabilitate offenders than put them behind bars, and that’s the purpose of probation with first-time or low-risk offenders. The hope with probation is to guide the defendant away from crime while protecting society and potential victims. Unfortunately, there are still those that can’t stay on the straight and narrow, which is why we have to worry about the probation violation bail process. 

What is a probation violation?

Being granted probation is not a “get-out-of-jail-free” gift from the courts. It is a “stay-out-of-jail” opportunity with the goal of being rehabilitated and redirected in life. A defendant given probation will be supervised by a court-ordered probation officer while still living within the community. 

A probation comes with terms and conditions that the defendant must follow, or they will find themselves facing probation violation. With probation violation, bail and the possibility of incarceration are possible. There are technical probation violations and substantive probation violations, which function as follows.

Technical Probation Violations

This is the act of disobeying the supervision rules and all its terms and conditions. Typically, this type of probation violation doesn’t count as a new crime and could include any of the following: 

  • Missing appointments with a probation officer
  • Positive testing for alcohol or drugs
  • Knowing and willful failure to pay court ordered fines and restitution
  • Missing court-ordered counseling and/or community service
  • Leaving the state without the court’s permission
  • Failure to maintain employment or miss school
  • Visiting people or being found in places prohibited under the probation rules and all its terms and conditions

Substantive Probation Violations

This is when the probationer commits a new crime or new crimes during their probation period. 

What happens on your first probation violation?

Once the probationer successfully completes their probation, the sentence imposed by the judge will be satisfied and over. The defendant can then put these legal matters behind them and move forward with their life. However, if probation is violated, the judge may choose to decline bail, making the probation violation bail case a moot point. Other actions the judge may take could include any or all of the following: 

  • Extending the probation term length
  • Modifying the rules, terms, and conditions of the probation
  • Ordering counseling in accordance with the original crime (alcohol, drug, anger management, etc.)
  • Ordering jail time to be served and subsequently followed with more probation
  • Charging additional fines and restitution 
  • Revoking the probation and sentencing the probationer to jail

How many times can you violate probation?

Any violation of the law can have you incarcerated, including probation violations. For a person that has violated their probation multiple times, it will be up to the judge and a district attorney working with your probation officer, who will offer their opinion on the case as to what actions to take. Things that will be considered are the: 

  • Original crime
  • Type of probation violation
  • Previous criminal history 
  • Probationer’s attitude toward the court and the law

Chances are there will be a jail sentence handed down after several acts of probation violation, bail will not be granted, and no future probation will be offered. 

How can you get bail for a probation violation?

The probation violation bail will be determined by the judge, with the district attorney and probation officer weighing in on the decision. If you have a criminal defense attorney on your case, they will be a part of that meeting as well, representing you. 

Whether an individual will get probation violation bail will be up to the judge. If probation violation bail is denied, the probationer could be placed under arrest and returned to jail. 

How much is a bond for probation violation?

It is said that asking for forgiveness is easier than asking for permission, but when it comes to probation violation, bail bonds tell a different story. The judge that issued probation in the first place will often feel an individual shouldn’t have been released from jail. It is apparent to him or her that the original bail amount wasn’t enough to keep an individual on their best behavior. Keeping that in mind, the violation probation bail bond will most likely be a higher amount than the original bail bond, if they allow bail again at all. 

Can you violate probation and not go to jail?

Chances are you’ll be arrested and placed in jail until you see the judge. There are many factors the judge will take into account to determine whether setting a probationer free on probation violation bail is appropriate. First, they will consider the original crime and the act that violated probation. They will review your criminal background, your place in the community (such as whether you are a business owner or drifter), and they will take into consideration the probation officer and district attorney’s views on the matter.

Does a probation violation go on your record?

Yes, probation violation will show on criminal records, and if the probation is revoked, that will be indicated as well.  Many people may also wonder, can a probation violation be dismissed?

Arrest records, criminal convictions, and juvenile adjudications can be expunged after the defendant has satisfied certain requirements, including probation. Because a probation violation is a crime, the new sentencing will need to be completed and then a petition filed by the defense attorney for expungement will need to be presented to the courts. Whether it is expunged or not will be the judge’s sole decision. 

close-up of ankle monitor

In Closing – Felony Probation

What happens if you violate felony probation?

Like any type of probation, there are many possible scenarios a probationer could be facing with probation violation: 

  • Revoke the probation and send the probationer is returned to prison
  • Probation terms are modified to be longer and stricter
  • Original probation reinstated in the original rules, terms and conditions

Probation and probation violations can be challenging to understand and deal with. It is always best to avoid probation violations altogether, though circumstances can always arise that can lead to a probation violation. If you are dealing with this kind of situation, an experienced bail bondsman can be there to help you through. 

Can you bail out of jail on a probation violation?

Person in handcuffs at a police desk.

Consequences of Probation Violation

Being arrested isn’t anything to take lightly, nor is being on probation. And probation violation can create more legal issues than the arrest already has, compounding the problem. Probation violation consequences can be as severe as those of the original crime, and in some cases worse.  

A probation violation occurs when a person on probation has violated the specific terms of their probation as set in place by a judge. The specific conditions of these terms can vary from case to case depending on the crime, the conviction, and the defendant’s previous criminal record. 

 The most common and general probation conditions include:

  • Reporting to a PO (probation officer) on set schedule
  • Finding and maintaining stable employment
  • No new crimes
  • Not leaving the state without permission
  • Regular testing for alcohol and/or drugs
  • Paying court ordered fees and fines
  • Paying restitution
  • Community service
  • Associating with certain people

Being Charged With Probation Violation

Probation violation, or VOP (Violation of Probation), is a criminal offense in the State of Virginia. If you are on probation and you are charged with a VOP, what can you expect to happen next? Some probation violation examples would be any of the following: 

  1. Non-appearance for mandated court appointments
  2. Not reporting to probation officer
  3. Not paying court-ordered fees, fines, or restitution
  4. Not performing community service
  5. Not completing court-ordered alcohol/drug counseling or treatment
  6. Failing to maintain steady employment
  7. Unapproved out-of-state travel
  8. New arrest and criminal charges
  9. Associating with certain people

What happens when you violate probation for the first time?

After a probation violation arrest, the defendant is taken to jail and will appear before the judge for arraignment. At that court appearance the judge will determine if a probation violation bond is allowed. 

The first probation violation may be met with only a warning from the probation officer. Any subsequent probation violations could be reported to the court at the probation officer’s discretion with a variety of consequences possible. 

Having a criminal background, the seriousness of the probation violation, and other probation violations will factor into the judge’s decision on how to handle the current situation. A hearing may be required by the judge where determination of what consequences are to be handed down. Among them are finishing the currently imposed probation with the addition of other conditions and terms, like extended community service or additional fines. Revoking probation is also possible, resulting in jail time.

What happens if you miss a court date while on probation?

The State of Virginia Law requires anyone to appear when summoned or by warrant, before a court if there is no supporting waiver document. Based on the original charge and its seriousness, missing a probation court date could become a felony. Any bond paid will be forfeited. 

A missed court date for felony charges will result in an arrest warrant where the defendant is jailed until their hearing. Additional charges can be added as a Class 6 felony charge. A penalty with a maximum of 5 years prison time with a fine up to $2500 may be imposed. 

Does a probation violation mean jail?

Not necessarily – there are several factors that are considered by the judge that will determine that outcome. While probation violation is a serious matter, the consequences could be requiring the defendant to travel only from home to work and work to home, as long as they maintain steady employment. 

How long can they hold you in jail for a probation violation?

This can depend on the court docket and how many cases are scheduled before yours.  A defendant can be held on a probation violation for up to 30 days or longer. Each city, county, and state will have different lead times on when court appearances are available. Having a criminal attorney with probation violation on your side could help speed this process. 

What happens at a probation violation hearing?

At your probation violation hearing, the prosecutor must show proof of the probation violation was intentional, by careless or negligence. A criminal defense attorney can help you create a support case that these charges aren’t accurate or to navigate a lesser penalty. 

Gavel on a pile of money.

Closing Words

Is there a difference between probation violation vs parole violation? Probation is a criminal sentence where the offender is permitted to remain living within the community instead of servicing time behind bars. As long as the defendant meets all conditions and terms of their probation, they will remain free.

Parole is given after a jail term has been completed where the defendant is supervised by a parole officer while being released into the community. This is often issued before the original jail term has been completed based on the defendant’s behavior while incarcerated. The law can be confusing for anyone, which is why any time you find yourself in a situation of being arrested and facing time behind bars, seeking the service of a criminal defense lawyer is recommended. You can also get help by reaching out to A-1 Affordable Bail Bonds at 434-237-2245.

What Happens If You Can’t Afford to Pay a Traffic Ticket?

traffic ticket being issued

Can I just pay my ticket and not go to court?

A traffic citation isn’t good news for your auto insurance, but they aren’t the worst thing that could happen to a person. You receive a ticket; you pay the fine prior to your court date; it’s over.  With the exception it goes on your driving record and causes your insurance to increase. Basically, you’ve paid a traffic bail when you paid the ticket. 

What is traffic ticket bail? There are times where a traffic bail is more than just paying for a ticket, such as when you have several unpaid traffic tickets. Or if you have an outstanding warrant for another offense that is discovered when you’re pulled over or a traffic stop. At that point, you’ll be arrested and taken to jail and await arraignment before a judge. 

A citing officer in the State of Virginia has the right to deny ticketing a driver where traffic bail is possible. There are several reasons why traffic cops denied bail such as the driver was exhibiting reckless driving, failed breathalyzer testing, has warrant for arrest on other charges, etc. 

In the state of Virginia, if you are cited for speeding and wish to pay the ticket without appearing before the court, you can do so. This will be considered prepaying your traffic bail, otherwise known as a traffic fine, which is pleading guilty to the charge of speeding. 

However, a defense attorney would recommend not to plead guilty and pay the traffic bail, but to appear before the court instead. Why?  It is possible that by choosing to argue the sentencing, you may be able to get a lower fine, aka lower traffic bail. On the other hand, if you are arrested for reckless driving, this is considered a misdemeanor and you are required to appear before the court. There, you will hear the charges against you and asked how you want to plead. The judge will then state your sentence and the amount of your bail for traffic ticket.

What happens if I don’t pay a traffic ticket on time?

The Department of Motor Vehicle will suspend your driver’s license automatically for any unpaid traffic bail or traffic court fines and traffic courts costs within thirty days of being found guilty. When that 30th day falls on a holiday, a weekend or the court clerk office is closed, it does not fall in your favor. 

Those days are not considered to be a day you can’t pay your traffic bail because it is clearly stated the traffic bail must be paid WITHIN that thirty day period. In other words, you should be aware of any holidays, weekends, or other days that the court clerk office may be closed and pay your traffic bail prior to those days. 

Should you not get your traffic bail, fines and court costs paid prior to that thirtieth you will be notified by the Virginia Department of Motor Vehicles that your driving privileges are suspended. To reinstate your driving privileges, you will need to pay an additional reinstatement fee, the court cost, traffic fine, and traffic bail in full first.  You could receive a citation for driving with a suspended drivers license. 

Do you have to appear in court for traffic violation?

Not if you plan to plead guilty and prepay the traffic bail amount the citation is being charged.  If you don’t prepay your traffic bail and fail to appear before the court on the day stated on the citation, your driving privileges will be revoked by the judge and will not be renewed until the traffic bail, court costs, and fines are paid in full. 

What does bail amount mean on a traffic ticket?

The bail amount stated on each traffic citation mean this is the amount to be paid in full before the assigned court date. If you pay that amount, you’re admitting to guilty of the incident stated by the ticketing officer. 

As we stated earlier, a traffic ticket is relatively minor in comparison to other criminal offenses. Yes, a traffic violation is a criminal offense.  Those “minor” incidents can end up with serious long term implications beyond those basic traffic bail bonds that include: 

  • Demerit points
  • Fines
  • Court costs
  • Possible jail time

And if you decide to fight the traffic charge, you could end up lawyer costs as well. With criminal attorney representation, the traffic bail amount could be lowered, even dismissed, offsetting the cost of the attorney.  

frustrated car owner with a ticket

Is it worth it to fight a traffic ticket?

There are two reasons that fighting a speeding ticket in the State of Virginia may be worthwhile:

  • The traffic offense would raise your DMV Demerit Point to license suspension level. 
  • The traffic office could significantly increase your insurance premiums.

For those two reasons, many ticketed Virginia drivers will decide to fight the charges and appear in court. However, as in any case before the courts, the specifics of the case can have heavy impact on the outcome. So, if there is any uncertainty, speaking to a defense attorney with specialization in traffic tickets is recommended. Call 434-237-2245 today for your traffic ticket bail needs in Halifax, VA, Danville, VA, and Chatham, VA.

What happens if you pay bail in full?

bail money and gavel

Paying your bail

Every state has their own protocol when it comes to bail bonds and how the amounts are determined. Today, we’re going to answer some commonly asked questions about bail bonds and how they work in the state of Virginia, with the most common of those questions being: How do bail funds decide who to bail out?

After being arrested, the person is taken to the local jail where they are “booked”. This includes getting their information like name, address, phone number, etc. They are fingerprinted and pictures are taken. Once they are booked, they will be presented before a judge for bail bonds procedures.

It is here where the judge will review the charges and facts about the defendant. Those fact will include previous arrest record, current attitude before the court, employment history, standing in the community, family, etc.  With that information reviewed, the judge will determine if bail bonds are allowed and how much.

Bail Bond Methods

Bail bonds are a way for a defendant to get released from jail until their trial. Once the bail amount has been set by the judge, there are three common options for a defendant to be released: 

  • Own Recognizance – this is typically used for a lesser offence and the defendant is believed to be reliable at returning for their court date. They are allowed to sign a written promise to that effect. 
  • Cash Bail – this is paid in cash for the full amount of the bail established by the judge. Once the defendant has fulfilled all their required court appearances, the money is returned within 60 to 90 days. If the defendant doesn’t appear for any of the court dates, they forfeit their cash to the court.
  • Surety Bond – this is a contract between a bail agent and the court with the bail agent guaranteeing the defendant will appear before the courts as ordered. A bail bond agent becomes a part of the process by request of the defendant’s family, friend, or lawyer. 

What do jails do with bail money?

The money paid for bail bonds by defendants is distributed by the court to the city and county of where the arrest was made. The court will refund the money paid for bail bonds once the defendant has met all required court dates. 

Can you bail someone out with no money?

The State of Virginia works a cash bail system, whereas when a person is arrested, a judge determines if the defendant should be allowed a pretrial release. If they deem they are not eligible, then they are kept in jail without bail. If the judge determines they are eligible to be released on their own recognizance, or if a bail bonds is necessary for them to be released. 

When the defendant acquires secured bail bonds, the amount must be paid prior to the defendant being released. There is not a fixed scheduled amounts for bail bonds, but typically for a misdemeanor charge, bail bonds range between  $500 to $5000, drug and property felony range between $2500 to $10,000; and a serious felony bail bonds range from $25,000 to $50,000.

Bail bonds companies will charge defendants typically 10% of the total bail bonds amount, which must be paid in cash or property equal to the bail amount signed over, like a vehicle, jewelry, or real estate.  Bail bonds with payment plans are extremely rare and up to the bail bonds agent to arrange if they feel the defendant is worthy of making the payments and not skipping out on their court dates. The courts do not arrange payment plans for any bail bonds. 

Is bail refunded?

It depends on how the defendant is bonded out. If a secured bail bonds is obtained, a financial guarantee is required that the defendant will appear for all required court dates. That financial security is by cash paid to the court or a bail bonds agent. 

With a secured bond of $1,000 paid in full, once the defendant has met all requirements of the court, the bond is refunded minus any fees. If the defendant doesn’t appear for all required court dates, the $1,000 is not refunded. 

How can I get my bail reduced?

Generally, a defendant can file a Motion to Reduce Bail Bonds to the courts and the judge presiding over the case will make the decision.  This is one area where having an attorney is helpful. A defense attorney will have the experience and knowledge on how to file the motion and most attorneys are familiar with how certain judges work with these types of requests. 

Can you get bail bonds without cosigner? 

Yes, a defendant with sufficient property for collateral  can obtain bail bonds without cosigners. That collateral will be held by the bail bonds agent and returned once the defendant has met all required court dates and other requirements. 

bail bonds expert building

How does bail bonds vs cash bonds compare? 

Bail bonds are issued to person that puts collateral up as guarantee that a defendant will appear before the court as ordered by a judge. That defendant may be a family member, friend, co-worker, etc. 

A cash bond is when the full bail amount is paid upfront. This can be paid by the defendant, a family member, friend, co-worker, or lawyer. A cash bond must be paid in cash. A cashier check, personal check, or any other form of payment is not accepted for cash bonds. Call 434-237-2245 today for your bail bonds needs in Halifax, VA, Danville, VA, and Chatham, VA.

What happens if your charged with theft?

theft from an unwitting person

How bad is a theft charge?

Theft can be a small crime like a pack of gum from the local convenience store. Or theft can be monumental, like car theft. Either way, it is breaking the law, but is theft civil or criminal?  In Virginia, theft is referred to as larceny, and the property involved in the larceny or theft charges law is what determines if it is a civil matter or criminal matter and the theft charges by amount will determine the punishment. 

For clarification, larceny and theft are interchangeable in their meaning and the results. Theft is the process of taking property not yours to permanently deprive the true owner of the property. This usually is money or personal belongings, not larger things like real estate or vehicles. 

In the state of Virginia, where larceny and theft are one in the same, we will refer to larceny as theft going forward.  There are three levels of theft in Virginia, one is petit theft, where the object in question has a value under $1,000. Then there is grand theft, where the object in question has a value over $1,000. The third level of theft is shoplifting, which has its own level of punishment. 

The punishment for each of these crimes is as follows in addition to a fine of $2,500 per charge: 

  • Grand Theft: A Class U Felony with a possible 20-years of incarceration for theft over $1,000 or if the theft was from a person where bodily contact was made, the value of $5 and over. 
  • Petit Theft: A Class I misdemeanor that is punished by maximum of 12 months incarcerated for a value theft under $1,000. 
  • Shoplifting: If the stolen merchandise were concealed, the accused could face Grand Theft  if the value is over $1,000 with the same possible punishment. Same if under $1,000 value, the accused could face the same punishment as with Petit Theft. 

Do you go to jail for first time theft?

Grand theft is a serious crime regardless the monetary value, and as such, in most cases, the accused will be sentence to jail for a period of time. A first time offender facing grand theft should not assume they will receive easy punishment or reduced charges. 

The accused will face a trial with a judge and with their attorney’s guidance, may plead Not Guilty, and leave it to the attorney to negotiate the punishment. Like all criminal cases resulting in arrest, theft charges bail amount is determined at the judge’s discretion and handed down during arraignment. The defendant’s attorney may request a lower bail amount along with the intention of requesting lesser charges. 

Can I go to jail for stealing from work?

You could, there are several variables that will make that determination. What  is the punishment for stealing money from work? You know that stealing is bad, no matter from where you steal or what you stole but stealing paper clips from work is a lot different than stealing money. 

Not only are you at risk of losing your job, but any future employment could also be impacted as well, and then there is the possibility of facing criminal charges. So, for the sake of this article, let’s say you stole $20 from the cash drawer because you’re short on money until payday. That kind of theft could possibly be explained with an apology offered. Your boss may look the other way with a stern reprimand, but you’ll likely lose their trust for a long time. 

If you stole a sizeable amount of money, that is going to have some serious consequences, starting with being fired for gross misconduct. At the very least, you could be suspended without pay and the company investigate the matter to see if there is any other possible thefts. If there are, come clean now could be to your advantage, but most likely, you’re fired is probably the end result. 

So, could you be arrested? Absolutely, if your employer presses charges, you could face theft charges. In Virginia, depending on the amount, it could be Petit Theft or Grand Theft. With this, you’ll have legal fees, fines, and possibility of time behind bars. 

The first thing you should do is hire a criminal attorney, especially if you know that these the matter is theft false charges you’re being wrongly accused .Your attorney will represent you, hopefully to resolve the matter out of court, or if the employer insists on taking  you to court, the attorney will research the case for evidence against you and represent you accordingly. 

If the charges by your employer are correct and your attorney agrees, you may show your willingness to repay your employer and accept the consequences. That may keep them from making a legal case from the situation. 

police car

What evidence is needed for theft?

A prosecutor’s primary job, other than having you convicted of theft, is to prove the case. They must prove to the jury beyond a reasonable doubt, that you took something not belonging to you. The value of the object is not a concern during this part of the case, that will come forth with sentencing. 

If the theft is shoplifting for example, the victim, i.e. the store, will need provide the prosecutor their evidence. With most stores today, video surveillance is usually their evidence. They can also use eyewitness, which could be an employee or a security guard. In shoplifting cases, it can also be they found the item(s) in question on your person. In that case of evidence, they will need one or more employees witness the removal of the item(s) from your person and if you don’t have a receipt or there is not video showing you were checked out a register, that is usually sufficient evidence of theft.

Theft is a serious matter, and a person that is habitually stealing, when caught and arrested, the judge may order professional help be sought such as counseling. No matter the value of the item(s) stolen, if this counseling can reduce your punishment, it is in your best interest to follow through with the time, as it may help you more than you realize you need. Need help with theft bail in Halifax, VA, Danville, VA, and Chatham, VA? Call 434-237-2245 today.

Do You Automatically Go to Jail for Violating Probation?

A Probation Violation Hearing.

Do you automatically go to jail for violating probation?

If you’ve committed a probation violation, you might spend some time in jail just after your arrest. This often depends on the circumstances. With a first-time violation, depending upon how serious it is, you might just get a warning, whereas second or subsequent violations could land you back in jail or result in your probation being extended.

When jailed on a violation of probation, you are not entitled to bond. So, it’s up to the judge to grant a bond so you can get out of jail. This will be determined at a bond hearing. As with other bond cases, the judge will weigh the situation and evidence to determine if you receive bond or not. If you’ve completed most of your terms of probation, the judge might determine this is only a technical violation and set bond. If no bond is set you’ll remain in jail until your probation violation hearing. When bond has been set and you need help with probation violation bail in Halifax, VA, Danville, VA, and Chatham, VA, all you need to do is call 434-237-2245.

How long can you be held on a probation violation?

How long you are held in jail on a probation violation will depend solely on whether or not you are granted a bond. If you are granted a bond, you might only be in jail for a few hours. If no bond is granted, it’s likely you’ll stay in jail until your hearing. Continued violation of probation could result in revocation of probation. In this case, you’ll have to serve the remainder of your sentence in prison.

What are the two types of probation violations?

While you can violate probation in various ways, the violations will fall under two categories:

  • Technical violations: This means you failed to follow the rules or terms set down as conditions of your probation. For instance, if you were given a curfew of 11 p.m. you would be in technical violation of probation if you stayed out until midnight and were caught doing so without good reason.
  • Substantive violations: This occurs when you commit a new crime while on probation. It’s not just a breach of a condition, but a separate act. For instance, if you are on probation for a drug possession conviction but are caught robbing a convenience store while out on probation, this is a substantive violation. You’ll be tried separately for that offense.

Is probation violation a felony?

In Virginia, a probation violation is considered a criminal offense, however, it is not classified as a felony or misdemeanor offense, as are other crimes. This violation is treated quite differently than other offenses. You aren’t entitled to a bond, for instance, if you are jailed. Instead, the court decides whether to grant a bond for your release. If you’re not granted bond, you’ll be jailed until your hearing. At the hearing, your probation could be revoked and you’ll serve out your original sentence. This hearing is not heard by a jury and all decisions about your case are made by the court.

How do you not go to jail for probation violation?

Staying out of jail after a probation violation is tough. If this is a first-time violation you might get lucky and your probation officer or a judge might let you off with a warning. You might stay out of jail for second or subsequent violations, but new conditions might be added or your probationary period might be extended. This will all be up to the court to decide. Of course, the best way to avoid jail time while on probation is to follow all terms and conditions until the probationary period has ended.

Can you appeal probation violation sentence?

If you’ve been convicted of a probation violation you can appeal the conviction. The appeal goes to the next highest court and that court determines if the lower court was in error or there wasn’t sufficient evidence to convict. If the appeal goes through, the violation will be dismissed.

Does probation violation go on your record?

If you are convicted of a probation violation, it will go on your record.

Do probation violation warrants expire?

If a warrant for your arrest goes out for a probation violation, that warrant will not expire. No arrest warrants expire and you can be subject to arrest at any time.

A Person in Jail.

Can you bail out of jail on a probation violation?

When you’re jailed for a probation violation in Halifax, VA, Danville, VA, and Chatham, VA, you are not entitled to a bond. Whether or not you get a bond amount set is wholly up to the court to decide. If a bail amount is set by the judge and you need help bonding out, you can get help quickly by calling A-1 Affordable Bail Bonds at 434-237-2245.

What Does Bail Jumping Mean?

A Defendant Stands Before a Judge in Court.

What does bail jumping mean?

If you fail to appear for your court date after posting bail, you are bail jumping. This is also known as failure to appear. Is jumping bail a crime? It is a crime in Virginia and the charges can vary, although contempt of court is common. Penalties could range from fines to jail time. Usually, you will also return to jail until your trial. It’s often difficult to get bail if you’ve failed to appear but if you need bail bonds services in Halifax, VA, Danville, VA, and Chatham, VA, you can get help from A-1 Affordable Bail Bonds by calling 434-237-2245.

What happens when a person jumps bail?

The consequences of bail jumping, a separate crime from the original charge, often include:

  • Forfeiture of bail bond: Normally, once you make your court appearance, the bail that was paid is returned. If you fail to appear, you or the person who put up the bail will not receive any money from the court.
  • Bench warrant issued: Most often if you fail to appear the judge will issue a bench warrant for your arrest. You can be arrested at any time after that.
  • Jailed: Once you’ve been arrested on the bench warrant, it’s very likely you will be taken to the county jail and will have to remain there until your next scheduled court appearance. Because you might now be considered a flight risk, a judge might not set any bail amount for your release.
  • Additional penalties: Because bail jumping is a separate crime, you will at the very least be fined for contempt of court or you might receive jail time or both in addition to any penalties if you are convicted of the original crime.

What does forfeited bond mean?

When bail jumping occurs, in most cases the court will not refund the bail money put up to get you out of jail. This is forfeiture of the bond. If you used a bail bonds agent, the bail bond agent is then responsible for paying the full amount of the bail. What usually happens, in this case, is that the bond agent will go after the defendant or hire a bounty hunter to bring the defendant into court.

How much time can you get for bail jumping?

If you’ve failed to appear for a court hearing in Virginia, you’ve committed a crime that can have severe consequences. You’ll be penalized even if your original case is dismissed. At the very least you will receive a citation for contempt of court which has fine of up to $250 attached along with up to 10 days in jail.

If your original case is not dismissed, your bail jumping sentence will fit the category of your original charge. If the original charge is a misdemeanor, the skipped bail charge will also be a misdemeanor charge. Similarly, it will be a felony charge if your original charges are a felony.

A misdemeanor failure to appear charge is punishable by up to one year in jail and up to $2,500 in fines, while felony failure to appear is punishable by one to five years in jail and $2,500 fines. These sentences are in addition to sentences from the previous crime.

Is bail jumping a felony?

In Virginia, bail jumping can either be a felony or misdemeanor charge, depending on what your original charge was. This is the way failure to appear is handled in most states. Fines and jail sentences will vary depending on the charges. At the very least you will get cited with contempt of court. If you are on probation at the time, your probation will be suspended.

Bail jumping and failure to appear

Bail jumping or skipping bail are just terms for the offense of failure to appear. If you do not make an effort to appear in court after you’ve been bailed out of jail, you are in violation of failure to appear and have jumped or skipped bail. If you miss a court date or believe you might do so, you must have a valid reason for doing so. You should always contact the court beforehand, and preferably contact your attorney, as well as anyone who might be affected, including a bail bond agent.

A Man Sits in a Jail Cell.

Bail jumping no contact

In most cases, especially regarding drug cases and domestic violence, judges set conditions you must abide by or you’ll have your bail revoked. No-contact orders are the most common of these conditions. These orders limit how close you can be to a particular person or people once bail is posted. You might be ordered to keep at least 500 feet from an individual such as a spouse in a domestic violence case. If you violate this order, you will be charged with offense of bail jumping. This usually means your bail will be forfeited, and a bench warrant will be issued for your arrest. This is an additional criminal offense, and will be prosecuted as such, and you might end up serving jail time for it. Even though it is often difficult to get bail for bail jumping in Halifax, VA, Danville, VA, and Chatham, VA, you can get help from A-1 Affordable Bail Bonds by calling 434-237-2245.

How does bailing out someone work?

handcuffs on a person

How do you bail someone out of jail without money?

Being arrested brings about worries and those worries bring about questions – a lot of questions – for the arrested individuals, their families, and friends. After the arrest, there is the arraignment, and that is when bail can be granted by the judge. With the bail being set there are even more questions. With bail, FAQs are as common, but with basic standard answers. With FAQ bail include questions like: 

So, bailing somebody out of jail isn’t something on everyone’s household monthly expenses. It seems to happen when you don’t have money, so how to you How do you bail someone out of jail without money? Depending on the person, their criminal background, and their standing in the community, they may be released on the own recognizance. 

When a suspect is released on O.R., on  their own recognizance, they do not pay any money to the courts, there is no bond required from an attorney or bail bondsman, but they are required to sign a promise they will appear for any court ordered proceedings. There are options to post bail with no money in addition to being released on own recognizance: 

The other two options in addition to O.R. are: 

Cash Bail: This is the full amount of the bond set by the judge, paid in cash. That cash is returned after 90 days if the defendant appeared for all court ordered appearances. This includes their trial and any court ordered classes like anger management, alcohol and drug counseling, etc. 

Surety Bond: This is a contract between a bail bondsman and the court. The bail bondsman guarantees that the defendant will be at all court ordered appearances. In exchange for this, the defendant, a family member, or friend, have signed a guarantee to the bail bondsman the defendant will be present as required and usually a weekly check in is required by the bondsman. 

What happens if you don’t pay bail bond?

A down payment of 10% is paid to the bondsman which is not refundable.  If the defendant “skips” out and is a no show in court, the bail is foregone, and a warrant is issued for the defendant. Skip tracking and other means to find the defendant are engaged. There have been movies and television shows of this nature, while the “chase” may not be as exciting, the process will be something to that affect. 

Can bail conditions be changed?

In the state of Virginia, bail shall not be modified by the court for a pending case unless there is change in the circumstances as by the higher court or when request is  presented by the defendant’s attorney.  A determining factor of any bail condition changes will be the crime at hand, the defendant’s criminal background, their standing in the community, time on the job, etc. 

What happens when you bail someone out of jail and they run?

As the Indemnitor (the person who got the bond) will be required to sign an agreement guaranteeing the person bailed out will appear for all court mandated appointments. 

This is not without responsibility on your part because you’re the one that will be paying any additional fees for missed court dates. This isn’t a social media page where you can unfriend them, this is real life, and it is serious. 

If you paid by cash or credit card for the bail bond, put up a house, jewelry, vehicle, or other items, you will lose it all because of this person you helped. When the person has not shown up for court, then the bail bonds company is advised by the court and the bail bonds company will notify you. Typically, there is a grace period to find the person and have them before the judge.  What happens at that point is up to the judge. 

Can a cosigner go to jail?

You could, but you can also request to be dropped off that bond and leave that person liable on their own.  As the co-signer , you took responsibility for the defendant actions, but you also have the power to cancel that guarantee. The search will ensue for the defendant and when they are apprehended, they will be incarcerated. 

It is great that you can and want to help a family member or friend get out of jail by posting bond for them. It is a big responsibility and to minimize your risks as the  co-signer, the following are recommendations: 

  • Keep in touch with defendant daily by phone and/or in person..
  • Call the defendant’s weekly to make sure they have been there and on time. 
  • Keep receipts and records, review the court ordered appearances and dates with the defendant. 
  • Read the agreement thoroughly before signing it, ask questions if something isn’t clear. 
  •  If you aren’t sure about the person needing bail, don’t co-sign.
person in jail

Does bail bond affect credit score? 

Signing for or needing a bail bond will not be reflected in your credit report. What will show up is if you skip bail, don’t appear in court, you’ll then have an outstanding debt on your credit report. Or if you take out a loan to pay for a bond and then fall in arrears with the loan payment, that will be a negative mark on your credit. 

If the defendant or Indemnitor fail to pay the bondsman, they have the right to send it to collections, and that will go against your credit . The best way to handle getting a bail bond is to pay the full amount directly to the court in cash. Need bail? Call 434-237-2245 today!

Can You Go to Jail for a Traffic Violation?

man dealing with a parking ticket

Traffic Violation Tickets

When you got up that morning, you did not have traffic violation on your mind. You’re having a great day, cruising down the highway on your way to work, sun shining, favorite music is playing. Then you see them.  Those red and blue flashing lights on top of a car. You keep going thinking they’ll go around you, but then you hear the ‘whoop whoop’ of the siren. 

Slowly you pull over, no idea what traffic violation you could have committed. Of course when the officer gets up to your window, what seems like forever, they ask for license, insurance, and registration, all of you which you have. Sure enough, you have committed a traffic violation, so what is that going to cost you? 

What is a traffic violation and How do you get a traffic violation? 

Over ninety percent of Americans that are of the 16 years old and older have a driver’s license that gives them permission to operate a motor vehicle on the street. Experts calculate that equates to trillions of miles annual and millions of traffic violations.  Those traffic violation usually include DUI, reckless driving, running red lights, and speeding. 

In many cities and states, traffic violations are categorized as moving violation and nonmoving violation. The moving traffic violations are the more serious, like running a red light or driving over the posted speed limit.  A nonmoving traffic violation would be no brake light, failure to use a blinker, or illegally parked. 

What is the most common traffic violation?

Nobody sets out with the goal or intention of receiving a traffic violation. First of all, it puts a damper on your entire day or evening, it usually going to make you late for wherever you were headed. Then there is the traffic fines, potential points on your driving record, and what is going to do to your auto insurance?! 

 The following are the most common traffic violations. Make a mental note and be conscious of avoiding these, because these will increase your insurance and your driver’s license points fast. 

  • Speeding: Around the world, this may be THE most common traffic vіоlаtіоn. States are increasing speed limits every year, and yet, it just isn’t fast enough for many drivers here in the United States. A speeding traffic violation can reach $500.00 and higher depending on your speed vs the posted speed limit.  Other factors that can cause a speeding to be expensive is speeding in a construction zone or a school zone. 
  • Running a Stор Sign, Traffic Light: You may be one of those drivers that ‘slows’ down at that stop sign by your house. After all, you know who lives in the area and who would be going by there, right? Slowing down, or “rolling” a stop sign is the same thing as running a stop sign. To avoid a traffic violation in this scenario, come to a complete stop, and the applies to turn on red. 
  • Driving Under the Influеnсе: Driving under the Influеnсе, (DUI) is an extremely dangerous and serious traffic violation. Whether it is for alcohol or drugs, you are putting yourself and others in danger.  Having a designated driver or calling for a ride is nothing to be ashamed of as going to court for manslaughter. 
  • Phone Use While Driving: Cell phones are a big part of everyone’s daily life but talking or texting while driving is as dangerous as driving while under the influence. Where DUI affects your ability to judge, talking or texting is a distraction.  
  • Failure to Signal: A quick lane ѕwіtсh without signaling is dangerous. It may seem like an innocent and simple move, but it frequently ends up in a collision. Even if you’re not involved in the collision, the ramifications behind you could be deadly as the driver that is now behind you slams on their brakes, the car behind them doesn’t.  
  • No Sеаtbеlt: This traffic vіоlаtіоn may seem frivolous, but studies have found that it does save lives. The реnаlty іѕn’t as steep as other traffic violations, but it can affect your safety, your passenger’s safety, and your auto insurance rates. 
  • At-fault Cоllіѕіоn: If you are the cause a collision, such as a lane change without signaling, the repercussions are costly. Your auto insurance will increase, and depending on your record, the insurance company may drop you. 

What are misdemeanor traffic offenses?

In the state of Virginia, misdemeanor traffic violation can leave you with a permanent criminal record, demerit points on your driver’s license, and stiff fines. The most common misdemeanor traffic violations are: 

  • Driving with suspended license
  • Driving with revoked license
  • Reckless driving
  • DUI

What does a traffic misdemeanor do to your record?

Traffic violations will result in fines and points on your driver’s license. It is treated as a conviction on your drivers license and will remain there between two and eleven years, depending on the type of violation. In some cases, suspension may be handed down if you have previous points on your driver’s license.  

Can a traffic misdemeanor be expunged?

it is difficult, recommendation is to have an attorney represent you for better chance of success. Some limited circumstances that could have a misdemeanor traffic violation expunged are: 

  • Acquittal. If you were charged with reckless driving and the charge was acquitted by the judge, it is possible to have the arrest and acquittal expunged. 
  • No prosecution. If your case was not prosecuted, aka a nolle prosequi, you can petition for expungement.  
  • Dismissed. If the original traffic violation charge was dismissed for lack of evidence and you did not plead no contest or not guilty, you can file for expungement. 
  • Charges amended. 
judge pounding gavel

What does a criminal traffic ticket mean?

Certain traffic violations that are categorized a misdemeanor are a felony offense or a criminal offense. These will show on background checks, driver’s license records, and affect the driver’s auto insurance. The driver charged with a criminal traffic violation could be sentenced to twelve months in jail, $2,500 fine. Any driver charged with a Traffic violation and bail should seek the help of a criminal attorney.

The basis of the information in this article is in the state of Virginia. Every state has different traffic laws, traffic violations, and the penalties they bring. The services of an attorney are always the best source of proper information for the state and situation. Need help with traffic ticket bail? Call 434-237-2245 today.